Arizona weekly citizen., 1887-05-14
The San Rafael Grant.
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General Land Jl4lcs. REGISTER AND RECEIyER,
 Tucson. AriZOnE.
GESTLEHEN:

GESTLEHEN:
 On May 29, 1SS6, you transmitted the appeal of John I. Me Cartney from his rejection of his apph- cation to make homestead entry of the E and \ W Of ; E and the \ L a of $ W of Sec. l5, f. -. 5. l., lG F. The reason for your rejection is thus stated: "FOr the reason that the tract described is within the limits of certain lands suspended from entry by the Hon. Surveyor General Of Arizona, by letter of September 3, lSS4. on Gc- count of the San RRsael de la Zsuia pri vate land claim" You also stnted that John W. Leek filed l.. 5. for tre same rsct, March 3O, lSsG, which was reject ed for the same reason, and that To ap- peal had been filed by hIm.
 McCartney appealed from the reiec- ton of his application upon the grounds:
 1st, Because the lsnd above descIlb- ed is q par: of the surveyed public non mineral lands of the United States an Is subject to location and entry under the land laws of the United States.
 21. Because said above described lands are not within the limits and boundaries of the San Rsiael de la Zln- ia private land claim, as the same was surveyed and recommended for confirm ation by the United States Surveyor General Of the Territory oi Arizona.
 Sd. Because after suryey and recon mendation for continuation Of the said private land claim of San Rafael de lH Zsnja, the Hon, Surveyor General oi Arizona had no power or authority to suspend from entry the above described land, said land being outside the bOdB- diaries of the said privsie land claim
 It appears that by letter "C" of this office, dated October II, lSS6, the action of the Register aud Receiver wGs ap- proved and tLe appeal dismissed.
 This letter was written m a division of this office having no jurisdiction over questions relating 10 private land claims and by a clerk who was evidently con trolled by the statement Of the Register and Receiver that the land had been suspended by the Surveyor General. l. was signed, if at al. by pro lorna" in the usual course of routine" letters without any attention being called to the nature uf the action so taken. find that the Surveyor General did not make the suspension. but that Nolupy Elstun, chief clerk oi the Surveyor Gen erals office, n letter dated September 3, 1881. requested the Register and Re ceiver to surpend paris of toWnshias - 23 and 24 South Range. IG r, IS and l9 east, until he could refer the matter to the Surveyor General" The chief clerk had To authority to make that re- quest, and the Register and Receiver have no authority to withdraw lands from entry or settlement eKcep. when directed to do go by th's office. They could not lawfully suspend entries upon these lands at the request of the Survey or General. That officer has no power to suspend entries upon public lands nor to direct theIr suspension.
 There IS but one legal reservation Of lands embraced n private land claims. This Is the statutory reservation created by the report of the Surveyor General to Congress. The report in tie De La Zspia case was specifically for four square leagues and DO more, and no ad- dItIonsl land can be withdrawn for that claim toy virtue of any provisions of the act of 1854.
 The matter of allowing q further sur vey of the De La Zani ia claim was before the Hon. Secretary of tine Interior m lSS6, who ID a letter dated April l3. of that year. declined To revoke a pre- vious authority given by Secretary Teller for a new survey. but subsequently, withdrew sRid letter for further consider RtIon and the same has never been off cislly promulgated; and no additional survey has been made under the author ity of this office or department, nor hss any withdrawal of additional lands Or suspensions of entries been made or contemplated by such authority. Office letter of October II. lSS6. be ing insdvertent and erroneous, is hereby revoked and snnulled. The application of Mir. Mccartney. if represented. will be allowed, aud you will 50 advise hIm, The suspension of entries made by the Register and Receiver at the request of the chef clerk of the Surveyor Gen erals office. being unauthorized and H. legal. will not be regarded as effective for any purpose, and the same will be from your records. The lands therein will be regarded and 1 treated as being Gud as having been l subject Co settlement and entry as other l public lands of the United States. and 1 will so remain until otherwise ordered |
 Very respectfully,
 Wv. A. ]. SPARKS.
 Commissioners.
 WASHINGTON, D. c. May 1, 1887.
 For Ip,nortal T.,- Xu--t ,,,3 D,r,,-